Terms of Use

These Terms of Use ("Terms") form a contract between you and DAF Finance LLC ("DAF Finance," "we," "us" or "our"). They cover the Paycheck Advance: DAF Finance app for iPhone (the "App"), the website daffinance.com (the "Website") and every feature offered through them, including loan matching and Your finances (together, the "Service"). When you tap Next on the sign-up screen, you confirm that you have read and accept these Terms and our Privacy Policy.

THESE TERMS REQUIRE INDIVIDUAL ARBITRATION OF MOST DISPUTES AND WAIVE CLASS ACTIONS AND JURY TRIALS (SECTION 16). YOU MAY OPT OUT WITHIN 30 DAYS.

1 About DAF Finance

DAF Finance is a loan-matching platform. We forward the request you create to independent lenders and lending partners ("Lenders") that may want to present you with an offer, and we display the offers they return.

DAF Finance is not a lender, broker, bank, money transmitter or financial advisor. We do not make loans or paycheck advances, approve or decline applications, set rates, fees or repayment terms, or collect payments. Each Lender decides independently whether to make you an offer and on what terms. Any loan is made solely by the Lender under the Lender's agreement with you.

2 Eligibility

You may use the Service only if you are at least 18 years old (19 in Alabama and Nebraska, 21 in Mississippi), live in the United States, have a mobile phone number in your own name, have a regular source of income and an active bank account, and can form a binding contract. Lenders apply their own criteria and are not available in every state.

3 Loan amounts, terms and costs

Loans offered through the Service range from $50 to $3,500, with repayment terms from a minimum of 3 months to a maximum of 24 months and APRs from a minimum of 4.49% to a maximum of 35.00%, including all finance charges. No Lender may require you to repay a loan in full within 60 days or less.

Representative example: an $800 loan at 21.99% APR repaid over 9 months would have 9 monthly payments of $97.23 and a total repayment of $875.07. This example is for illustration only and is not an offer of credit. Your amount, APR, fees, payment schedule and due dates are set by the Lender and appear in the Lender's loan agreement, which controls over anything shown in the Service. Read our Responsible Lending page before you borrow.

4 Your account

You create an account with your phone number, which we confirm with a one-time code, and your first and last name. You agree that the information you give us is accurate and that you will keep it current in Your profile. You are responsible for activity on your account and for keeping your phone secure. You can log out at any time and can permanently delete your account in Your profile.

5 Your loan request

You choose an amount and a purpose, review the information shown on the Before you continue screen and complete the request on a secure web page shown in the App. By tapping to submit your request, you authorize DAF Finance to share it with Lenders in our network so they can review it and contact you. Submitting a request does not guarantee that you will be matched, receive an offer or be approved, and you never have to accept an offer.

Checking your options through DAF Finance does not affect your credit score. A Lender may check your credit and verify your information if you continue with it, as explained in our Credit Authorization.

6 Your finances

Your finances lets you record income and expenses, sort them by category and see monthly balances. Everything shown there comes from the entries you make. It is a personal budgeting aid, not accounting, tax or financial advice, and it is not connected to your bank. DAF Finance does not move money, pay bills or verify your entries, and your entries are not shared with Lenders.

7 Cost and compensation

The Service is free. We do not charge you to create an account, submit a request, view offers or use Your finances. Lenders pay us for the introductions we make, which may affect which offers you see and their order but does not change the terms a Lender offers you. Details are in our Advertising Disclosure.

8 Messages and electronic records

By giving us your phone number, you agree to receive text messages with one-time codes and updates about your account and requests. If you submit a request, Lenders you are matched with may also call, text or email you about it, including by automated means. Agreeing to marketing messages is never a condition of using the Service or getting a loan. Reply STOP to stop texts. Message and data rates may apply.

Under the federal Electronic Signatures in Global and National Commerce Act, you agree to receive these Terms, our policies and all other notices and records electronically in the App, on the Website or by email, and that tapping a button in the App is your electronic signature. You need an iPhone with a supported version of iOS, internet access and an email account. You may request a free paper copy of any record, or withdraw this consent at no charge, by emailing contact-us@daffinance.com. Because the Service is provided only electronically, withdrawing consent will close your account.

9 Rules of use

You agree not to provide false information or use another person's identity or phone number; use the Service for any illegal or fraudulent purpose; interfere with or try to gain unauthorized access to the Service; collect data from it using automated tools; or copy, modify, resell or reverse engineer any part of it.

10 Lenders and their offers

Offer details, including amounts, APR ranges, terms, descriptions and ratings, are supplied by Lenders or third parties. We do not guarantee their accuracy or completeness and do not recommend any Lender. When you leave the App to continue with a Lender, its terms and privacy policy apply. DAF Finance is not responsible for any Lender's decisions, servicing, collection practices or other conduct.

11 Ownership

DAF Finance and its licensors own the Service, including the DAF Finance name, logo, illustrations, text and software. We grant you a limited, personal, non-exclusive, non-transferable and revocable license to use the App on Apple devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.

12 Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT ALLOWED BY LAW, DAF FINANCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOU WILL RECEIVE AN OFFER OR APPROVAL, THAT OFFER DETAILS OR YOUR FINANCES CALCULATIONS ARE ERROR-FREE, OR THAT THE SERVICE WILL ALWAYS BE AVAILABLE.

13 Limitation of liability

TO THE FULLEST EXTENT ALLOWED BY LAW, DAF FINANCE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS RELATED TO A LOAN, A LENDER OR DECISIONS YOU MAKE BASED ON YOUR FINANCES. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO $100.

14 Indemnity

You agree to indemnify and hold harmless DAF Finance from claims, damages and costs, including reasonable attorneys' fees, arising from your breach of these Terms or from information you submit that is false or not yours.

15 Suspension and closing your account

You may delete your account at any time. We may suspend or close accounts that break these Terms, use false information or put the Service or other users at risk, and we may change or discontinue any part of the Service.

16 Dispute resolution

Talk to us first. Before starting a formal claim, email a description of the dispute to contact-us@daffinance.com and give us 30 days to resolve it.

Arbitration. If we cannot resolve it, the dispute will be decided by binding individual arbitration administered by National Arbitration and Mediation (NAM) under its consumer rules then in effect. The arbitration may take place by video, by written submissions or in the county where you live. Either of us may instead bring an individual claim in small claims court.

Class action and jury trial waiver. You and DAF Finance may bring claims against each other only individually and not as a plaintiff or class member in any class, collective or representative proceeding. Each of us waives the right to a jury trial.

Opt-out. You may opt out of this Section 16 by emailing contact-us@daffinance.com within 30 days after you first accept these Terms, with the subject "Arbitration Opt-Out" and your name and phone number.

17 Governing law and venue

The Federal Arbitration Act governs Section 16. Otherwise, these Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-law rules. Any claim not subject to arbitration will be brought only in the state or federal courts located in the City and County of Denver, Colorado.

18 Apple

These Terms are between you and DAF Finance only, not Apple Inc. ("Apple"). Apple is not responsible for the App or its content and has no obligation to provide maintenance or support for it. If the App fails to conform to an applicable warranty, you may notify Apple and Apple will refund any purchase price; Apple has no other warranty obligation for the App. DAF Finance, not Apple, is responsible for addressing any claims relating to the App, including product liability claims, claims that the App fails to meet legal or regulatory requirements, consumer protection claims and intellectual property infringement claims. You represent that you are not located in a country subject to a U.S. government embargo and are not on any U.S. government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

19 Changes to these Terms

We may update these Terms. We will post the new version with a new effective date and notify you in the App or by email before material changes apply. Continuing to use the Service after that date means you accept the updated Terms. Sections 6 and 10 through 18 survive the closing of your account.

20 Contact

DAF Finance LLC, 1520 Stout St, Denver, CO 80202, United States. Email: contact-us@daffinance.com.